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EMPIRE TOWNSHIP NEW FLOOR AREA -- 0 –sq ft IMPERVIOUS SURFACES 4500 sq ft APPLICATION CHECKLIST EXISTING FLOOR AREA 2760 sq ft FOR SPECIAL LAND USES & OTHER CONSIDERATIONS TOTAL 7260 sq ft LOT AREA: 5.71 AC 248727.6 sq ft APPLICANT / OWNERS (Identify All): LOT COVERAGE 2.919% OWNER: JOHN & EVELYN KOWAL ADDRESS: 16127 SOUTHAMPTON LIVONIA, MI 48154 PHONES: BUSINESS: 734-425-8245 [ Kowal Collectibles & Creative ]

PETITIONER: ERIK FLORIP COMPANY NAME: [DBA] FLORIP TOOLWORKS ADDRESS: 320 W 11th ST TRAVERSE CITY, MI 49684 PHONES: HOME (231)-218-8163 [C] CELL: (231)-218-8163 [C] E-MAIL: [email protected]

AGENT / REPRESENTATIVE: NAME: SELF COMPANY NAME: FLORIP TOOLWORKS 6865 N REYNOLDS ROAD LAKE ANN, MI 49650 PHONES: SAME AS ABOVE

AUTHORIZED SIGNATURE ------[ SEE ORIGINAL APPLICATION ]------PROPERTY LAND USE PERMIT REQUEST NUMBER: 16-1370 LATE FEE: $ 100.00 DATE PAID : 5/24/16 CHK # : 2013 LOCATION ADDRESS: 4700 W EMPIRE HWY [M-72] EMPIRE, MICHIGAN 49630 LEGAL DESCRIPTION: L319 P168/90 L349 P127/92 PT SE1/4 OF SW ¼ COM S1/4 COR SEC 24 TH ALG S SEC LN N 88 DEG 51’ 00” W 523 FT FOR POB THCONT N 88DEG 51’ 00”297.01 FT THN 00 DEG 57’ 15”E 846.60FT TH S 88 DEG 51’ 00” E293.86 FT TH S 00 DEG 57’ 15” W 846.60 FT TO POB SEC 24 T28N R14W 5.71AC TAX I.D. NUMBER(S) 45-005-024-013-00 ZONING DISTRICT: □ RESIDENTIAL □ PUBLIC RECREATION ✔GATEWAY/MIXED USE □ AGRICULTURE/CONSERVATION □COMMERCIAL DEVELOPMENT EXISTING / PROPOSED USE:USE: STORAGE TO ARTISAN SHOP [building artisan woodworking tools and gauges] / FARMING [Black Locust and Shiitake Mushrooms] / ROADSIDE STAND. Use Change Only✔ PREV LUP #: N/A HEALTH PERMIT #: L - ____ - __N/A_____ IN FLOOD PLAIN OR HIGH RISK EROSION AREA? YES  NO✔ EROSION CONTROL PERMIT REQUIRED? YES ✔ NO  # _NA_ SETBACKS GATEWAY MIXED [Req’d / ACTUAL] APPLICANTS REASONS FOR THIS REQUEST [JUSTIFICATION] FRONT: 250,’ 75’or 50’ ___220’___ As requested, here is a description of what I do at my shop. Included SIDES: 25’ to 75’ ea _183’_/_39’_ will be my year outlook as far as my plans for the property. REAR / EASM’T: 40’/50’ _523’_/_N/A_ Current Use RESIDENTAL: 40’/25’/40’ __N/A__/____/____ Empire Township Zoning Ordinance 4-1 Tools STRUCTURES: I make woodworking hand tools (handsaws and marking gauges). Each A single blue Metal sided pole barn and paved drive way. tool is made from scratch, I don't order in any completed parts for Existing Pole Barn: 46’x 60’=2760 sq ft [Max = 5000sq ft] assembly. That said, I'm not doing mass production. None of my tools are Impervious Surfaces: 250’x 18’=4500 sq ft made using a computer controlled machine. I am careful to keep my tools Lot Coverage: 2.919% [7260 sq ft] [Max=25%] in the "handmade" category, this is necessary to operate in my market. Setbacks: Front [250’] is pre-existing non-conforming by All sales are done online. roughly 45’. All others are easily met. website: www.floriptoolworks.com Furniture DETERMINE which is the ‘principal / primary’ use OR are I build handcrafted hardwood furniture. Each piece is built by hand and the ‘principal / primary’ uses. This will determine whether will take up to three months to complete. I use locally sourced trees and Erosion Control and Road Commission Permits are required select the projects starting with the log. I'll then have the log cut, dried, and stacked before using it to build furniture. and whether standard farming practice rules are or are not Storage applicable. Outside of this location I have other operations. I salvage trees- this is USES PROPOSED ARE All are acceptable except a broad range but it mostly consists of: -storm damaged trees possibly: -dead trees 1. Portable sawmill and sale of excess lumber. Use of a -trees being cleared for construction purposes portable sawmill on-site might be acceptable if the My use of the trees varies greatly due to my needs, the type/value of timber being cut was grown on-site. But it appears that the trees, and the amount of trees. I currently have a few stacks of logs on this ‘source material’ is being trucked in, and the excess the property (black locust, sugar maple, and cherry). I am going to have a material, not used for in-house projects, is being sold guy saws these trees into boards to use for my tools, furniture making, on-line. Using a small (hobby?) farm site as a and for general construction use on my building. collection, staging, and short term storage of ‘salvaged’ In order to recover these trees I have a few pieces of equipment that I lumber is closer to the Special Use category I use. These machines are sometimes onsite for maintenance or if I need them to accomplish something at the property. 2. Repair and resale? of large machinery, other than that I have a truckload worth of cherry lumber staged outside of my owned and used on-site is, closer to the Special Use building and I know this has been a point of complaint with my neighbor. category C. This wood is where it is because it is destined for a location on the west 3. 1 & 2 above are really closer to, and would be more coast. It was supposed to ship in January but the receiver is having issues acceptable if approved as a Special Uses [Section 10.3] with his storage building, the issues need to be fixed before he can C. Automotive Repair Garage receive the lumber. H. Commercial Sales of Agricultural Equipment Future Use (maximum 5000 sq ft building) I am going to farm the property. My equipment used to salvage trees I. Contractors Yard [collection, storage, cutting, and will also be used to maintain the land and transform it into a working staging, of material and equipment] property for the production of crops. Here is what I intend to grow. Shiitake mushrooms- I have an experienced mushroom grower guiding ARTISAN SHOP - Handcrafted Hardwood Furniture, me through the processes necessary to produce the mushroom. Black locust- not a traditional crop in the US but it is grown in Europe Hand Saws and Marking Gauges All fit into the Artisan, as a cash crop. I have written a collegiate report on it's benefits and also custom made for retail sale requirement. One of the created a PowerPoint presentation to summarize it's crop cycle. MAIN bones of contention are the terms ‘ARTISAN ‘and I plan to have a roadside stand to sell produce and firewood. ‘ARTISAN SHOP’. Since there is no definition for either Thanks, Erik term, my thinking is as follows: 1. The term ‘Artisan’ applies both to the individual doing ORDINANCE LANGUAGE & CHECKLIST✔□ the work and to the multitude of product types being produced [i.e. arts and crafts of every kind…furniture, ZONING ADMINISTRATOR’S SUMMARY, COMMENTS paintings, jewelry, coffee, chocolate delicacies, food, AND RECOMMENDATIONS craft beers, wines, and spirits to plasma-cut steel COMMENTS works of art.] Additionally, the word is often used In » This parcel is not in a Residential Zone or the this vicinity to evoke a sense one-of-a-kind, costly, Commercial Development Zone. It is in the Gateway high-end, and/or non mass-produced items of an Mixed Use District - and those uses and restrictions are astounding variety. The township could not and, for the only ones that apply. that reason, probably should not try to enumerate all of the possibilities » The only way you get to control a “Pristine” view is to own 2. The term ‘shop’ also has a variety of meanings, from it! the place something is produced to the place that it is sold. Think Gipetto the woodcarver versus craft beer » Mr Florip is very talented and inovative in many areas and wine, the production facilities run the gamut of (woodworking, mechanical) and an energetic young man, possibilities.---OR--- Think urban mom and pop stand and I’m told,fresh out of the military, trying to use those alone storefronts, rural crossroads convenience stores, talents to his advantage. The real question is whether mini-malls, shopping centers, vacation tourist what he proposes for this parcel is ‘appropriate’ for this destinations, and now electronic media settings, each location and zoning district. of which has its own version of a ‘shop’ where artisan products are sold. Empire Township Zoning Ordinance 4-2 3. It appears our definitions [or lack thereof on this B. That the Planning Commission review and adopt particular subject] are woefully inadequate. So for the Ordinance language involving inside and outside time being in this situation I will employ the following storage for each district and for specific and special definition: uses as in this situation. C. Approve as a uses-by-right, the requested designations Artisan Shop shall mean a store, workshop and/or of Farming, and Roadside Stand for this property. studio owned or operated by an artist, craftsman, or a D. Using the definition above, and to bring the site into small group of same, where hand-crafted arts and compliance with the Ordinance, I recommend approval crafts items can be created in a smaller, non mass- of the Florip request for an Artisan Shop, with the production setting and sold. Uses Include, but are not following conditions: limited to, furniture, paintings, jewelry, blown-glass, 1. No ‘source material’ (lumber / logs) will be created pottery and candles. It is intended for shops that or stored outside, on-site,. In the interim, Mr Florip engage in smaller-scale production that still may will either acquire his source material from another create noise, dust, heat or other impacts, but on a off-site supplier or create it himself inside the scale and frequency that reduces such impacts on the building. operation of neighboring businesses or residences. 2. No Purchase, repair, and resale of large engines, mechanical equipment, etc., unless and until such a I suggest that in the near future the Planning time as a Special Use Designation of Approval for Commission review and establish an actual definition an ‘Automotive Repair Garage’ or something for an Artisan Shop,,,or,,,if they feel it necessary, for comparable, is requested and granted by the separate definitions differentiating between ‘Artisan Planning Commission. Maintenance and repair Shop,’ ‘Artisan Manufacturing’ and/or ‘Mass Production’ work on existing company equipment will be (such as commercial ceramics). allowed. FARM - Under the terms of this Ordinance, anything over 5 3. Since it seems apparent that the Artisan operation, Acres [5.71] qualifies as a Farm (together with all the rather than the Farm and Roadside Stand, has equipment and functions that come with one). become the ‘principle’ use on this site, that Mr Florip apply for a Soil Erosion Control Permit for the ROADSIDE STAND for sale of produce and/or firewood berm work already underway , a Driveway Approval meets use requirements of a farm. from the County Road Commission, and check with the County Health Department as to their STORAGE of the raw source materials required for artisan requirements for his operation as it now functions. production, heating, and building maintenance is currently A letter or approved permit will be required in each permitted by the Ordinance case to fulfill this condition. 4. Identified landscaping work will be undertaken in PARKING, shown located beside, not behind the building, the southeast and northwest corners of the property could probably be in both places to minimize visual impact to protect and screen adjacent residential neighbors from the road. and highway appropriately and the berms will be ‘finished (polished / manicured) and stabilized’ so ISSUES: they do not just become unsightly piles of erodible 1. Storage and sale of excess wood ‘source’ material dirt hastily thrown up to obscure a view. I expect brought in for cutting. the same skill, energy, love of detail and artistry 2. Should such working source materials be required shown in Mr Florip’s tools and gauges to be evident to be stored inside a building? in the landscaping care and keeping of his property. 3. Does the volume of lumber created on-site exceed 5. Make a concerted effort to be aware that although the volume needed for artisan products created and located in a mixed use district, 3 out of 4 of the sold? How much is too much? neighborhood cluster are low density residential 4. Purchase, repair, and resale of large engines, E. Suggest that 2 of the 4 identified parking spaces be mechanical equipment, etc. moved to the rear of the building for employees and 5. Noise and disruption generated by work activities staff with the remaining 2 to the west behind the berm on this site. for customers and guests. This also creates more 6. Whether work presently carried out should be maneuvering room for the truck loading zone at the classified as Special Use or Commercial Delopment front door(s). RECOMMENDATIONS: ______A. That the Planning Commission adopt a definition for GENE A PERFECT – EMPIRE TWP ZONING ADMINISTRATOR Artisan Shop similar to the one I have used to interpret FROM EMPIRE TOWNSHIP ZONING ORDINANCE the Ordinance in this situation OR if they feel it [ORIGINALLY ADOPTED JUNE 8, 1999] necessary, for separate definitions differentiating ADOPTED: MARCH 11, 2008 – EFFECTIVE: APRIL 19, 2008 between ‘Artisan Shop,’ ‘Artisan Manufacturing’ and/or SUBSEQUENTLY AMENDED: ‘Mass Production’ (such as commercial ceramics). SEPTEMBER 25, 2009 DECEMBER 3, 2010 MARCH 2, 2012 Empire Township Zoning Ordinance 4-3 OCTOBER 26, 2012 aquacultural activities, machinery, equipment, and MARCH 29, 2013 DECEMBER 25, 2015 other appurtenances used in the commercial production of farm products, and as otherwise defined □ARTICLE 2 DEFINITIONS in the Michigan Right to Farm Act, Public Act 93 of □SECTION 2.1 – RULES APPLYING TO THE TEXT 1981 [MCL 286.471 et seq]. For the purpose of this Ordinance, certain terms or words shall be interpreted as follows: ✔ Farm Market: A building or structure used for the □1. The word “person” includes an individual, partnership, corporation, retail sales of fresh fruits, vegetables, flowers, herbs, association, governmental entity, or other legal entity. □2. The present tense includes the future tense; the singular number or plants. A farm market may also involve the includes the plural and the plural number includes the singular. accessory sales of other processed or unprocessed □3. The word "shall" is mandatory; the word "may" is permissive. food stuffs and food products such as jams, jellies, □4. The words "used" or "occupied" include the words "intended, fruits, vegetables, sauces, or baked goods, and home- designed, or arranged to be used or occupied." made handicrafts. ✔5. Any word or term not defined herein shall have the meaning of common or standard use that is ✔Farm Operations: As defined in the Michigan Right reasonable for the context in which used herein. to Farm Act, Public Act 93 of 1981 [MCL 286.471 et ✔6. Questions of interpretation arising hereunder seq], the operation and management of a farm or a shall be decided by the Zoning Administrator condition or activity that occurs at any time as whose decision may be appealed to the Zoning necessary on a farm in connection with the Board of Appeals. commercial production, harvesting, and storage of □7. Where a term is defined in the Michigan Liquor Control Code, that farm products, and includes, but is not limited to: definition is used. A. ✔ Marketing produce at roadside stands or farm ✔SECTION 2.2 – DEFINITIONS markets. □ Accessory Use: A use of a building, lot or portion thereof, which is B. ✔The generation of noise, odors, dust, fumes, and customarily incidental and subordinate to the use of the principal building other associated conditions. or lot, such as an office for an industrial use. C. ✔ The operation of machinery and equipment □Agri-business: a commercial operation involving the processing of farm necessary for a farm including, but not limited to, crops or animals raised or grown on site for sale at wholesale or retail to irrigation and drainage systems and pumps and the general public. Such uses include, without limitation, wineries, distilleries, cideries, cheese and other dairy processing operations and on-farm grain dryers, and the movement of similar uses. Agri-businesses also include agricultural operations designed vehicles, machinery, equipment, and farm to educate and/or entertain the public in an agricultural environment and products and associated inputs necessary for farm include, without limitation, such uses as corn mazes, animal shows, and similar uses. operations on the roadway as authorized by the Michigan vehicle code, Act No. 300 of the Public Agricultural Operations: See “Farm Operations.” Acts of 1949, being sections 257.1 to 257.923 of

Automobile Repair: The general repair of a motor vehicle and its the Michigan Compiled Laws. component parts. Automobile repair includes the repair, rebuilding or D. Field preparation and ground and aerial seeding reconditioning of any operating part or system of a motor vehicle, engine and spraying. repair, engine rebuilding, and the rebuilding or reconditioning of the exterior or interior of a motor vehicle, including collision service, such as E. The application of chemical fertilizers or organic body, frame, or fender straightening and repair; painting and undercoating materials, conditioners, liming materials, or of automobiles. pesticides. ✔Buffer Yard: A required setback area from a road F. Use of alternative pest management techniques. or property line that is designed for the exclusive G. The fencing, feeding, watering, sheltering, purpose of buffering nonresidential uses from transportation, treatment, use, handling and care residential uses and public roads by means of of farm animals. landscaping and the use of other buffering materials. H. The management, storage, transport, utilization, and application of farm by-products, including ✔ Commercial: When used to describe any use, manure or agricultural wastes. activity, purpose, or other thing, “commercial” means I. The conversion from a farm operation activity to that such use, activity, purpose or thing is carried out other farm operation activities. for the purpose of purchase, sale, barter, display, or J. The employment and use of labor. exchange of goods, wares, merchandise, or personal services, usually for a profit motive. ✔Farm Product: Those plants and animals useful to human beings produced by agriculture and includes, ✔ Farm : The land, plants, animals, buildings, but is not limited to, forages and sod crops, grains and structures, including ponds used for agricultural or feed crops, field crops, dairy and dairy products, Empire Township Zoning Ordinance 4-4 poultry and poultry products, cervidae, livestock, purpose for which the premises exist. including breeding and grazing, equine, fish, and other aquacultural products, bees and bee products, berries, ✔ Retail store : A store, market or shop in which herbs, fruits, vegetables, flowers, seeds, grasses, commodities are sold, or offered for sale, in small or nursery stock, trees and tree products, mushrooms, large quantities to the retail trade. and other similar products, or any other product which incorporates the use of food, feed, fiber, or fur, as ✔ Roadside Stand : A non-enclosed determined by the Michigan commission of agriculture, structure under 100 SF used for the sale of and as otherwise defined in the Michigan Right to fresh fruits, vegetables, flowers, herbs, or Farm Act, Public Act 93 of 1981 [MCL 286.471 et seq]. plants grown on site, and used solely for the sale of farm products and for sale of the ✔ Farm Structure: Any structure used in connection byproducts of agricultural products produced with or in support of farm operations. (Sometimes on site. referred to as an “agricultural structure”) ✔ Setback: The minimum required distance Fence: A barrier composed of posts, carrying boards, between a lot line and structure. Further rails, pickets, or wire, or of iron structures consisting of defined as: vertical and/or horizontal members. ✔A. Setback, Front : The minimum required distance, extending the full lot Greenbelt: A strip of land of definite width and width, between the front lot line and location reserved for the planting and/or maintenance structures located on that parcel. No of shrubs and/or trees to serve as an obscuring screen buildings are permitted in the setback area. or buffer strip in carrying out the requirements of this ✔ Ordinance. B. Setback, Rear : The minimum required distance, extending the full lot width, between the principal and accessory buildings and the lot line ✔ Lot: A parcel of land, including a parcel comprising a site condominium project, occupied or intended to be occupied by a opposite the front lot line. No buildings are permitted main building or a group of such buildings and accessory in the setback area. buildings, or utilized for the principal use and uses accessory ✔C. Setback, Side: The minimum required thereto, together with such yards and open spaces as are required under the provisions of this Ordinance. A lot may or may not be distance, extending from the front setback to the specifically designated as such on public records. rear setback, between the principal and accessory buildings and the side lot line. No buildings or ✔ Lot of Record : A platted lot or any parcel of land, structures are permitted in the setback area. For including units in a site condominium, the legal lakefront properties no structures are permitted within description of which is recorded in the Register of side yard setback areas, which setback areas are Deeds Office. measured from the side boundaries of the lot as extended to the center of the lake. [ Amended - 12.25.2015 ] ✔ Main Building : A building in which is conducted the principal use of the lot upon which it is situated. ✔ Special Land Use : Any use of land which, due to its potential effect on adjacent lands, in particular, and ✔ Nuisance: Any offensive, annoying, or disturbing the overall community in general, requires approval by emission, practice or object which prevents the free the Planning Commission according to standards use or comfortable enjoyment of one’s property or provided for in this Ordinance. renders its ordinary use or physical occupation uncomfortable. Nuisance commonly involves ✔ Use: The purpose for which land or a building continuous or recurrent acts which give offense to the thereon is designed, arranged, or intended to be senses, violate[s the laws of decency, obstructs occupied or used, or which is occupied or used. reasonable and comfortable use of property or endangers life and health. □ARTICLE 3 - LAND USE DISTRICTS SECTION 3.1 - DISTRICTS ✔ Parking Space : An area of definite length and For the purposes of this Ordinance, the Township of Empire is divided into width, exclusive of drives, aisles or entrances giving five (5) land use districts as follows: access thereto, and which is fully accessible for the A. □Residential parking of permitted vehicles. B. □Public Recreation C. ✔Gateway Mixed Use ✔ Principal Use (Main Use) : The principal use to D. □Agricultural Conservation which the premises are devoted and the principal E. □Commercial Development Empire Township Zoning Ordinance 4-5 capacity, reducing obscuring gate when ✔ARTICLE 4 GENERAL PROVISIONS congestion, and improving traffic safety. the visibility of such a ✔SECTION 4.1 – SCHEDULE OF REGULATIONS storage area, from a ✔SECTION 4.4 - public road or adjacent Mini. Front Rear DRIVEWAY use, is deemed to Zoning Mini. Lot Setback Setback District Lot Area Width (feet) (feet) ✔For the safety, render an adverse (feet) protection and welfare influence. In no of the residents of the instance shall any such Residentia 30,000 100 40 10 area be located in a l sq ft Township, driveways shall be constructed so front yard. 5 acres, Public as to permit free and unless 235 40 10 Recreation ✔SECTION 4.8 - clustered easy access by fire and rescue apparatus and LANDSCAPING 5 acres per See See ✔Gateway 300 other emergency Empire Township is parcel district district Mixed Use equipment needed for known for its beauty 5 acres, and natural features. Agricultural ✔ unless 150 40 10 such purposes. A Conservation People visit Empire clustered driveway shall have a Township and the Commercial 30,000 sq. minimum width of 100 50 50 Leelanau County area Development ft. twelve (12) feet to see and enjoy the maintained open and natural beauty along  Front setback is measured from the edge of the road unobstructed. the roadsides. These right-of-way. components are  To calculate theoretical maximum number of units: □SECTION 4.5 – DUMPSTER Multiply by total project acreage. Calculations to the lowest ENCLOSURE important in preserving whole number. □Except when utilized on a Empire Township’s  *See Section 4.12 for additional height and setback temporary basis, any dumpster economic base. The requirements. in excess of three (3) cubic yards capacity shall be enclosed intent of this on three (3) sides of the trash landscaping regulation storage area by a wall, at least spacing requirement; ✔SECTION 4.3 – six (6) feet in height. The is to minimize the or interior area of the enclosure visual impact of ACCESS □ 2. By assembling shall have a minimum width and development from MANAGEMENT sufficient frontage to length of thirteen (13) feet and a meet the spacing adjacent properties and A. ✔Access maximum width and length of requirement; or twenty (20) feet, and shall have road rights-of-way. Spacing. The a minimum air space of one (1) 3. □By sharing ✔The following minimum horizontal access via shared foot between the dumpster and any wall or the opening of the regulations apply to all distance between driveways, easements, marginal enclosure. The walls of the site plans requiring the centerline of enclosure shall be constructed access drives, and/or Planning Commission any two accesses cross access of materials approved by the Zoning Administrator to be or Zoning Administrator on the same side of agreements. durable and weather resistant. review: a road, whether a 4. ✔By permission The surface under any such road or driveway, of the Zoning storage area shall be ✔A. Vegetative constructed of concrete that Screening along as measured from Administrator complies with local building their centerlines, when none of requirements. the Road Right-of- shall be 660 feet. the above Way (Greenbelt ✔Any such storage This spacing options are Buffer) area shall be located in requirement shall available. [PRE- ✔1.A strip of land EXISTING] a rear yard and/or be apply to all uses at a minimum of B. □Flexibility Allowed. As so located and along M-72 and M- thirty (30) feet part of the site plan review arranged as to 22 and may be in width shall be process, the actual location minimize its visibility accomplished by of an access may be reserved along varied by the Planning from adjacent roads any of the following the road right- Commission if it can be and uses. When site means: demonstrated that the of-way and intent of this Section to plan approval is 1. □By shall be minimize the number of required under this owning sufficient landscaped as individual driveways and ordinance, the frontage on the coordinate accesses is follows: highway to meet the fulfilled in the interests of Planning Commission ✔a. A maintaining highway may require an Empire Township Zoning Ordinance 4-6 minimum of season. All that are zoned conflicting one (1) tree plant for residential land use. shall be materials use or are Required planted for shall be currently being trees may each thirty installed in used for be planted (30) lineal such a residential use at uniform feet, or manner so and for lands intervals, at fraction as not to containing non- random, or thereof, of alter residential in clusters. road right- drainage structures. b. ✔ of-way patterns, Agricultural The owner frontage. obstruct uses are of the lot on Required vision for considered a which the trees may safe ingress residential use landscaping be planted and egress, for the purpose is placed at uniform and not of this shall intervals, at cause provision. The maintain all random, or damage to landscaping landscape in clusters. utility lines strip shall be materials in ✔b.The or public planted on the a healthy remainder roads. site of the condition, of the ✔c.Access second use free from greenbelt drives from when the refuse or area shall road rights- second use debris. All be of-way are (either unhealthy or landscaped permitted to residential or dead plant in grass, interrupt a non-residential) materials ground greenbelt is built. This shall be cover, buffer. strip of land replaced shrub, However, shall be within one and/or other such access landscaped as (1) year or natural, drives shall follows: in the next living plant not be a. NOThe appropriate materials. subtracted equivalent planting Plantings in when of one (1) season. All this calculating tree for plant greenbelt the lineal each materials buffer area dimension twenty-five shall be shall be used to (25) lineal installed in maintained determine feet along such a in a healthy the the property manner so condition, minimum line as not to free from number of between the alter refuse or trees two uses, or drainage debris. All required. fraction patterns, unhealthy or ✔B. Screening thereof, obstruct dead plant Between Land shall be vision for materials Uses planted in safe ingress shall be ✔1.There shall be, the and egress, replaced at a minimum, a landscaping and not within one thirty (30) foot strip cause (1) year or wide strip of between the damage to in the next land reserved lot with the utility lines appropriate for landscaping residential or public planting between lands use and the roads. C. □Parking Lot Empire Township Zoning Ordinance 4-7 Landscaping adjoins a on site and they All outdoor lighting Separate residential landscaped district, a meet or exceed fixtures (including, but areas shall be buffer, at the not limited to, pole required either least twenty requirements of mounted or building within or at the (20) feet perimeter of wide, shall D.1., Minimum mounted yard lights) parking lots. be provided plant sizes and other than decorative Parking lot between landscaping the parking spacing. residential lighting shall shall be so area and □If existing meet the following designed to the requirements: provide adjoining trees are directional property maintained, A. ✔Lighting shall be guidance to and a such trees must designed and access drives vertical and interior screen shall be designated constructed in such circulation. be erected "to be saved" a manner to insure 1. □In off- consisting on the site plan that direct or road of structural parking or plant and protective directly reflected areas materials techniques shall light is confined containing no less than be installed and directed more than four (4) feet twenty (20) in height. during the downward to an spaces, at D. □Landscape construction area needing it and least five that it is not (5) percent Material Standards period. Such of the total Landscape techniques may directed off the parking lot include, but property. area shall materials shall be used for meet the shall not be B. ✔Lighting for interior following limited to, the security purposes landscaping installation of is allowed only by . minimum fencing around motion detectors or a. □ standards: There shall 1. □Minimum the drip-line of equivalent means. be a plant sizes and designated minimum of plant materials one (1) tree spacing at the ✔ and the SECTION 4.12 - for every time of PARKING ten (10) installation: prohibition of spaces. parking vehicles ✔A. Intent: Provide b. □ or construction adequate space for A minimum Plant Material Size equipment parking, standing, distance of Deciduous Canopy Tree 2 ½ inch caliper three (3) loading and Deciduous Ornamental Tree 2 inch caliper within the drip- feet shall be unloading of motor Evergreen Tree 6 foot height line of such established vehicles; to avoid between Deciduous Shrub 2 foot height plant materials. Upright Evergreen Shrub 2 foot height undo interference the □If a tree proposed Spreading Evergreen Shrub 18-24 inch height with public use of designated "to tree or Caliper measure is taken roads or exits there shrub trunk at five (5) feet above be saved" on and the from; and to lesson ground level. the approved backside of any conflict with any curb or site plan is neighboring uses of edge of 2. ✔Where destroyed or pavement. land. healthy trees damaged, a c. □ ✔ exist on a site replacement B. Parking to be Individual on property: landscape prior to its tree, that meets areas shall development, the standards Required parking be at least the Planning listed in shall be provided fifteen (15) off the public road feet wide. Commission subsection D, right-of-way and on d. □ may reduce the above, shall be Where a minimum tree planted. the lot to which it parking pertains, or on a area with a planting capacity of requirement if ✔SECTION 4.9 - contiguous lot four (4) or existing trees LIGHTING, OUTDOOR unbroken by more easement, right-of- vehicles are maintained Empire Township Zoning Ordinance 4-8 way or unimproved issued by the District □SECTION 4.15 – The Master Plan road. Department of Health. SCENIC describes ROADW the ✔SECTION 4.13 – AY roadways LAND USE PERMIT PROTEC within the REQUIREMENTS TION Township Subject to all other AREA as one of terms and conditions of the most this Ordinance, a land important use permit shall include visual □the legal description, characteri □the length and width stics in of the lot, □the the dimensional size and Township. The □ location of all majority structures to be of these erected, including the areas are location of □water undevelo supply and □septic ped, systems. □Any highly Driveway permit vegetated required by the county , and or the state shall be provide supplied with a spectacul □completed Land Use ar views Permit Application of the form. landscape . The ✔SECTION 4.14 - following SANITATION PERMIT requireme REQUIREMENT nts are to No sewage disposal implemen system shall be located t the on any lot in a manner provisions which would endanger of the the domestic water Future supply of any Land Use neighboring property Plan and owners or otherwise be to the cause of any preserve contamination or the pollution, and, integrity therefore, where a of this sewage disposal area. system is to be a part Therefore of the construction they are project, the Zoning allocated Administrator ✔may to the not issue a land use roads permit until a permit for which are the construction of the heavily sewage disposal traveled system has been by tourists;

Empire Township Zoning Ordinance 4-9 □these removed, the limits would equal two and potential roads of land disturbance, six inch utility lines. include clearing, grading, diameter trees □The and trenching, and in this example) ✔M-72, landscape plan areas of for the trees shall show □ M-22, revegetation. that were cut where □County □1. If the area of down but not replacement Road disturbance, shown to be cut trees will be 616, and clearing, down. The tree planted. A □County grading, and plantings shall minimum of Road trenching is less occur in 75% of the 677. than 800 locations that healthy trees square feet or will visually designated for This section does not less than 10% minimize the removal shall apply to normal tree of the portion of view of the be replaced. If maintenance or to the the lot that is development more than the removal of dead or within the from the designated unhealthy trees. Scenic roadside. number of trees Roadway □2. If the area of is removed, Prior to the issuance of Protection Area, disturbance, then there shall a land use permit, in then the clearing, be a one to one those cases where site landscape plan grading, and ratio plan approval is shall show the trenching is 800 replacement in required by this methods (such square feet or terms of size, Ordinance, for all as fencing) greater or is type, and parcels that have land used to protect 10% or more of quantity (one 12 area within 100 feet of the designated the portion of inch diameter the edge of the road trees for the lot that is would equal two right-of-way for M-72, survival. within the six inch M-22, County Road Scenic diameter trees 616 and County Road □The Roadway in this example) 677, the following shall landscape plan protection area, for the trees be met: shall show then the that were cut □A. The site plan where landscape plan down but not shall contain a replacement shall include shown to be cut landscape plan that trees will be detailed down. The tree has a tree survey planted. A drawings plantings shall showing all trees minimum of showing tree occur in greater than six 75% of the protection locations that inches in diameter trees measures and will visually within the 100-foot designated for their location, minimize the Scenic Roadway removal shall species and development Protection Area. be replaced. If size of existing from the The tree inventory more than the trees, erosion roadside. shall identify all the designated control fences, □C. Shared driveways or trees greater than number of trees tree protection combined access points twelve inches in are strongly encouraged is removed, signs, aeration to minimize the impact of diameter by size, then there shall and irrigation development within this species, and be a one to one systems, tree Scenic Roadway locations. Protection Area. ratio wells, ✔D. All structures □ B. The landscape replacement in transplanting shall be a minimum plan shall show terms of size, specifications, of 50 feet from the which trees type, and staking edge of the road including their size quantity (one 12 specifications, right-of-way. and species will be inch diameter and all existing

Empire Township Zoning Ordinance 4-10 ✔E. At a minimum, standards are established □6. Off-Road Loading Schedule of Parking as follows: Space. An off-road Requirements. 60% of the front □1. Off-Road Parking loading space is an □C. Schedule of Parking yard area Area. An open or open space or Requirements. The amount (between the enclosed area directly enclosed area as part of off-road parking space accessible from a of a building directly required by type of use shall structure and public or private road accessible to a public be determined in road right-of-way) for parking of road and available accordance with the automobiles. Each whenever needed for following schedule: that is within the space shall be directly the loading or Scenic Roadway accessible from a drive unloading of goods Protection Area or aisle. and products to the Unit of Measure shall remain treed □2. Usable Floor Area main use. (UFA). As used in □B. Application and or naturally determining parking Determination. requirements, usable □1. Application for Parking landscaped. Per dwelling unit floor area shall mean Facilities. Any the total area of all the ✔ application for a Land SECTION 4.16 – floors of the building Use Permit to Per dwelling unit SETBACKS used by the principal construct a parking activity as specified in area shall include a ✔A. From road or Per rented room, plus the Parking Schedule, site plan drawn to for resident family thoroughfare: All measured from the scale and fully buildings or interior faces of the dimensioned, showing Per one bedroom unit building. The areas the proposed design of Per two bedroom unit structures, in any used for storage, the parking area and land use district mechanical loading facilities to be Per 400 sq. ft. of UFA plus must be not less equipment, and provided in compliance stairwells or otherwise with the provisions of per each three employees than forty (40) feet not occupied by people this Article. Per five seats shall be excluded from from the nearest □2. Determination of Per teacher plus the floor area Required Parking right-of-way line of calculation. Per each three employees Facilities. The Zoning and per three high school any public road or □3. Gross Floor Area Administrator shall students (GFA). As used in thoroughfare, determine the Per three beds plus determining loading except driveways, minimum number of Per each three employees requirements, gross spaces required for gates, fences and floor area means the accessory off-road Per 400 sq. ft. UFA plus mailboxes. total floor area used for parking by applying the per each three employees the main and Parking Area Design ✔ Per three members allowed B. The following accessory activities Standards, the by law structures are and storage areas of Schedule of Parking Per hole plus exempt from all the building served. Requirements for the □4. Seating Capacity. As various uses, and any Per each three employees setback used in determining other applicable parking requirements, provisions of this Per two member, families, or requirements: individual 1. Fences seating capacity is the Ordinance. Where the number of seating computation results in 2. Mail boxes units installed or a fractional space, it Per four seats plus 3. Gates indicated on plans for shall be counted as places of assembly; one additional space per each three employees 4. Signs smaller where not indicated on required. Per each five seats or ten feet than eight (8) plans, it shall be □The Planning of benches plus square feet assumed that a Commission may vary per each one acre of seating unit will occupy undesignated area □C. From Lake Michigan: No the parking six (6) square feet of requirements of this building nor structure nor Unit of Measure floor area exclusive of Article where it findsSpaces any part thereof may be all aisles; where erected closer to the that due to the nature benches, pews or Per each 400 sq. ft. UFA, plus water's edge of Lake of the particular use, other similar seating is the requirements will Michigan than permitted by provided, each twenty per each three employees applicable Federal not be adequate to (20) inches of such provide sufficient Per each 1,000 sq. ft. UFA, Directive pertaining to seating shall be "High Risk Erosion" area. parking or where the plus counted as one seat. strict application of the □5. Employees. Wherever requirements will per each three employees ✔SECTION 4.21 – OFF- the parking result in an excess Per each service stall, plus ROAD PARKING requirement is based amount of parking per each three employees Off-road parking facilities shall be on employees, it shall related to the particular plus provided for occupants, mean the maximum use. The Zoning per each two gasoline pumps employees, and patrons of number of employees Board of Appeals shall buildings in Empire Township. on duty on the have the authority to Per each unit (computed premises at one (1) determine the off-road dividing the line dimension of the operation by 20 feet), plus □A. For the purpose of time or on any two (2) parking requirements determining the required off- successive shifts, of any use not per each three (3) employees road parking and loading whichever is the specifically listed in the facilities, definitions and greater. Empire Township Zoning Ordinance 4-11 Per each three beauty or provided in accordance adequate to permit access for the road right-of-way from barber chairs, plus fire and rescue vehicles. a state highway and with the following per each three employees A. ✔Access for roads □shall be a minimum of requirements: seventy five (75) feet from Per bowling lane and/or driveways □1. Each parking a county road. serving up to four space shall be at least Per each 100 square feet (4) lots: □ARTICLE 6 UFA ten (10) feet in width and DEVELOPMENT twenty (20) feet in 1. ✔ Width REVIEW Per each 50 sq. ft. UFA, plus length. requirement - □ SECTION 6.1 - per each three employees □2. Except for one (1) and twelve (12) feet with a minimum total of 20 two (2) family maintained INTENT parking spaces dwellings, each off- open and A. □Prior to the Per each 800 sq. ft. of road parking area unobstructed. establishment of a UFA, plus NA shall be connected to 2. Right-of-way new use, change of requirement - thirty use, addition to an a driveway at least (30) feet. Per each three employees existing use, or the twenty (20) feet in B. □ Access for roads and/or erection of any Per each hole, plus width. driveways □serving from five (5) to fourteen (14) structure in any land per each three employees □3. Driveways to a lots; or □less than five use district, when parking area opening Per each fifty sq. ft. of parlor thousand (5,000) square required by this area onto a road shall not feet of commercially Ordinance, a site Per each guest bedroom, plus be closer than eighty developed building; or □less than one thousand plan shall be per each three employees, (80) feet to an plus amount required for (1,000) feet in length: submitted and intersection. accessory uses 1. □Width requirement - approved, approved ✔4. No parking or eighteen (18) feet Per each 800 sq. ft. of UFA, with conditions, or loading space maintained open and plus disapproved by the shall be unobstructed. per each three employees 2. □ Right-of-way Planning accessible to a requirement - thirty Commission in Per each 100 sq. ft. UFA, plus road except by (30) feet. accordance with the a driveway. C. □ Access for roads and/or requirements of this driveways □serving more than fourteen (14) lots; or Article. per each three employees ✔ ARTICLE 5 - SITE □more than five thousand 1. A pre-application (5,000) square feet of conference shall be Per each 800 sq. ft . of DEVELOPMENT commercially developed UFA, plus held as provided for in STANDARDS building; □or exceeding Section 6.2 before any per each three employees The site developments one thousand (1,000) feet application for which Req’d standards for each use in length: Unit of Measure site plan review is Spaces are required to be met 1. □Width requirement - twenty-four (24) feet required will be Per each 300 sq. ft. UFA prior to any approval maintained open and received. for that specific use. unobstructed. Per each staff or visiting ✔ 2. Site plan The land use district 2. □ Right-of-way doctor plus review and Per each three employees (Articles 7-12) requirement - forty (40) feet. approval by the specifically lists which D. □ Cul-de-sacs: Diameter Planning uses are Permitted by of right-of-way required: Commission is Right and which ones One hundred twenty (120) Per each two employees required for all are allowed with feet. □Outside edge of road shall be within ten of the following: Special Use Approval. (10) feet of cul-de-sac a. all residential Per each employee OR circumference. developments □ SECTION 5.1 – ROAD AND □[Alternate approved by with four (4) or Per each 1,700 sq. ft. GFA DRIVEWAY ACCESS: the Glen Lake Fire more dwelling (whichever is greater) Except as may otherwise be Department.] units, provided in this Ordinance, the b. all non- following are the minimum E. □ Setbacks: All roads residential Per four persons for whom the standards for road and driveway shall meet the setbacks developments development is designed to access. Homeowners and listed in the applicable land occupying or accommodate developers are responsible for use district. □In addition, utilizing more insuring that the design, than twelve D. □Design Standards. The roads shall be minimum of construction, and maintenance twenty (20) feet from the hundred (1200) off-road parking required of roads and driveways leading property line. □Roads square feet by this article shall be to their residences and shall be a minimum of one associated structures are hundred (100) feet from Empire Township Zoning Ordinance 4-12 ✔c. all the Planning Commission Location of the and proposed guarantees approval. The developmen recommendations made at the development drives, t of any kind pre-application conference will drawn at a sidewalks, curb in the be non-binding. scale of one (1) openings, Gateway □ SECTION 6.3 - REQUIRED inch equal two signs, exterior Mixed Use DATA FOR SITE PLAN thousand lighting, trash and the REVIEW (2,000) feet with receptacles, Commercial A. □A site plan shall consist Development of an overall plan for the north point parking areas districts. entire development. indicated. This (including d. all projects □Sheet size shall be at location map dimensions of a involving a least twenty-four (24) by shall depict the typical parking density bonus thirty-six (36) inches with e. all special land the plan drawn to a scale proposed space), use permits. All of not less than one (1) development unloading special land use inch equals fifty (50) feet applications shall for property under three (3) site, as well as areas, and meet the general acres, and □at least one all section lines natural site plan review (1) inch equals one requirements as and number, features. hundred (100) feet for well as those properties (3) acres or major 8. □The location, specifically roadways, and applicable to the more. □Nine (9) complete pavement type, particular special sets shall be submitted for other significant and rightofway Planning Commission land use. area features. width of all □3. No site plan review review. □Two (2) shall be required for complete sets and one (1) 5. □All lot and/or abutting roads, the construction of 11 X 17 sized set is property lines, roads, or alleys. any structures, such required for Administrative lot and 9. The location as barns, silos, corn review. □The site plans cribs, etc., in shall be submitted to the easement and dimensions connection with a Zoning Administrator thirty dimensions, of all lawful agricultural (30) days prior to the activity. Planning Commission and a legal greenbelts, meeting. description of berms, fences, □ SECTION 6.2 – PRE- B. □Site plans shall the lot. and and/or APPLICATION CONFERENCE contain the Required yard walls. □ A pre-application conference is required between the following setbacks shall 10. □Size and applicant, the site designer(s) information: also be location of and the Planning Commission depicted and for all projects requiring site plan 1. □The name existing and approval. The purpose of this and address of dimensioned on proposed informal conference is to the plan. utilities introduce the applicant and the the professional site designer(s) to the land surveying 6. □The location including ownership zoning procedures, civil engineering and height of all proposed and to discuss the applicant’s objectives in relation to the or architectural existing and connections to Township’s official policies and firm(s) or proposed public sewer or ordinance requirements. person(s) structures on water supply and within one systems, and □ This conference can take responsible for place at a regularly scheduled the preparation hundred (100) location of all meeting or at a special meeting. of the site plan. feet of the fire hydrants. The applicant may present a subject property site plan which shall not be an 2. ✔The name 11. □Size and engineered layout; it should be and address of and the names location of all conceptually drawn to allow for of all owners changes and revisions. Hand the petitioner surface drawings are acceptable. This and property and occupants drainage will insure that the costs owner, if of properties facilities. invested in the site plan design within three are minimal prior to the different. 12. □Proposed opportunity for the Planning hundred (300) building Commission to suggest 3. □Date of feet of the elevations and changes. The Planning preparation, subject Commission members will be revision dates, floor plan. looking for design elements that property. north arrow, 13. □For multiple- will enhance the project and 7. □The location insure it meets the character of and scale. family the Township and the intent of and dimensions □ development the Master Plan. Nothing said, 3. of all existing suggested, or recommended by site plans, there Empire Township Zoning Ordinance 4-13 shall be shown etc.; and for site plans (two exterior typical elevation non- (2) foot interval building views of the residential minimum) if materials. front and side of units, the required by the c. each type of number, Township building size and Engineer or □Populatio proposed, as location. Zoning n profile for well as typical b. □The Administrator. the dimensioned developmen 22. □A map developmen floor plans for t area of the showing the t. each type of site in acres location of d. □Proposed dwelling unit. and in creeks, financing. □ 14. Site data square feet, streams, lakes, e. □Traffic chart comparing including ponds, and Impact the existing and the wetland areas Study. proposed breakdowns within one □ improvements for any thousand five f. Market with the subareas or hundred (1,500) and schedule of staging feet of the Economic regulations for areas property; or, if Feasibility the appropriate (excluding there are none, Study. land use all existing a signed g. □Other district, as well rights-of- statement to information as parking and way). that effect. pertinent to landscape 16. □Location and 23. □A map the requirement function of both depicting any developmen calculations. developed and significant t or use. 15. □A summary undeveloped views onto or 25. □The schedule open spaces, from the site to requirements of should be as well as the or from this section are affixed, if layout of adjoining for all uses that applicable, facilities to be properties or require site plan which gives the included on road right-of- approval. In following data: developed open ways. addition, all site a. □The spaces. 24. □Additional plans must number of 17. □Depiction of Required demonstrate residential major wooded Information: conformance and/or non- areas and The following with the residential description of information applicable units how they will be shall be development proposed, preserved. submitted if requirements contained including, □ requested by 18. Site grading elsewhere in for and drainage the Zoning residential Administrator: this Ordinance, plans. such as off-road units, the □ 19. □Landscaping a. A parking, number, plans. landscape size, and loading, □ plan location of 20. Description of landscaping, the areas to be identifying unless specific one- trees twelve bedroom preserved in a requirement of natural state. (12) inches this Zoning units, two- or larger in □ Ordinance is bedroom 21. Existing and caliper. proposed waived or units, b. □A mobile contour shall be modified in a shown on all description manner home sites, of all Empire Township Zoning Ordinance 4-14 provided for in Commission shall send the DEQ occupants of a notice of meetings and □ this Ordinance. hearings, and the DEQ shall be SECTION 6.7 - adjacent properties. 26. □A time line asked to express any concerns STANDARDS D. □That any adverse they may have. □This does not FOR showing the relieve the applicant of any effects of the estimated responsibility to supply the DEQ APPROVAL proposed completion with copies of the application, FOR SITE PLAN development and the Site Plan, the maps REVIEW BY dates of the submitted, and any other activities which will major pertinent material, and to obtain THE PLANNING impact adjoining components of a wetlands permit from the COMMISSION occupants or DEQ. the project. □ A site plan shall be owners shall be ✔ SECTION 6.6 – reviewed and minimized by □ SECTION 6.4 - REVIEW BY ZONING approved by the appropriate AGENCY REVIEW ADMINISTRATOR; Planning landscaping, A. ✔Copies of the REPORT TO Commission fencing, or other application and the PLANNING upon finding that screening. Site Plan may be COMMISSION the following E. □That as many conditions are required by one or □ Within ten (10) days natural landscape met: more of the of receipt of an features as following agencies: application for site plan A. □That the possible are 1. □ Michigan Dept. of review, the Zoning proposed use will retained, Transportation Administrator shall not be detrimental particularly where 2. ✔County Road review the application to the adjacent they provide a Commission for compliance with the property or the barrier or buffer 3. □County Drain surrounding between the Commissioner requirements of this neighborhood, development and 4. ✔District Health zoning ordinance and including adjacent adjoining properties Department shall prepare and properties located used for dissimilar 5. □County Building submit to the Planning Inspector Commission a ✔written in a different purposes, and 6. ✔County Soil analysis of the municipality. where they assist in Erosion Officer application including a B. □That there is a preserving the 7. □County Agricultural ✔ proper relationship general Soil Conservation checklist listing the application’s between existing appearance of the Service neighborhood or 8. □Glen Lake [Empire] compliance or non- roads and Fire Department compliance with all of highways and help control soil erosion or the the requirements set proposed ✔ The applicant shall forth in Section 6.3. deceleration lanes, discharge of storm obtain a letter of service drives, water. □The analysis shall response from each ingress and egress F. □The proposed also include ✔an agency that requires drives, and parking development accurate legal review of the proposed areas to assure the provides for the description of the project or a stamped, safety and proper signed Site Plan project site, ✔the convenience of development of any specifically indicating current zoning pedestrian and required public approval or no classification(s) of the vehicular traffic. utilities and comment. project site, □the need C. □That buildings, infrastructure. for any variances, and □ SECTION 6.5 - structures, parking G. □All buildings or NOTIFICATION OF THE the ✔Zoning areas, utility areas, groups of buildings MICHIGAN DEPARTMENT OF Administrator’s walls, and fences ENVIRONMENTAL QUALITY are arranged to (DEQ) recommendation as to are so designed permit emergency □ If the application shows any whether the site plan and located to vehicle access. wetland areas on the Site Plan should be approved minimize the H. □That the plan for or on a required map showing along with the creeks, streams, lakes, ponds, adverse effects of soil erosion control, or wetland areas within one ✔reasons for such such development storm water thousand five hundred (1,500) recommendation. on users of such feet of the property in question, discharge, wells, the Secretary of the Planning development and and on-site septic Empire Township Zoning Ordinance 4-15 systems have been maintenance of any for a mixture of uses ✔ M. Roadside approved. Site plan use to which they in concentrated Stands. approval may be are appurtenant. clusters. □The □N. Single-family residence conditioned upon clusters are to be with attached or detached providing evidence ✔ARTICLE 10 - garage and other separated from M-72 accessory buildings with a that the necessary GATEWAY MIXED by open areas or areas minimum of seven hundred permits have been USE DISTRICT landscaped and (700) square feet of living area exclusive of applied for. A land □ SECTION 10.1 - maintained in such a accessory buildings. The use permit shall not INTENT AND way as to maximize the minimum width of a single- be issued until the family dwelling unit shall be PURPOSE rural and scenic views twenty-four (24) feet and Zoning This district regulates which are vital to the the minimum length of a Administrator the designated land Township’s economy single-family dwelling unit receives a copy of shall be twenty-four (24) areas along M-72, in and well-being and to feet. the required the eastern portion of minimize views of □O. State licensed residential permit(s). the Township. These development from M- facility. I. □Show that parcels serve as a 72. exterior lighting is primary entrance area □ SECTION 10.3 - arranged so that it into the community, ✔ SECTION 10.2 - SPECIAL LAND USES is deflected therefore building PERMITTED USES □ The following uses downward and locations and designs No building or shall only be permitted away from adjacent are important in structure, nor any part with approval of a properties and that preserving Empire’s thereof, shall be special land use permit it does not impede rural character, erected, altered or by the Planning the vision of traffic especially in this used; nor shall any Commission. The along adjacent vicinity. land or premises be approval shall be roads or used in whole or in part based on the unimproved roads. ✔Many of the existing for other than one (1) development meeting J. □Be served parcels have been or more of the following the specific adequately by developed and/or specific uses: requirements listed in essential public subdivided and are no ✔ A. Artisan shop this Ordinance. facilities and longer used for making custom A. □Apartment building services, including agricultural purposes. made products for B. □Bed and breakfast but not limited to In addition, many of retail sale. Parking C. □ Automobile or Vehicle roads, unimproved these parcels for the use shall be Dealership roads, off-road previously had a located behind the D. ✔Automobile repair parking, police, fire commercial zoning structure. garage.[not app’d] protection, designation. During □B. Antique shop. Parking for E. □ Automobile service the use shall be located station. drainage district, the 2005 Master Land behind the structure. □ refuse disposal, Use Plan update □C. Child day care center F. Boat sales, service and storage water and sewage process, some of the □D. Congregate care facility G. □Clinics facilities, schools, then permitted uses □E. Convalescent home etc. were found to be ✔ F.Farms with a H. ✔ Commercial sales of agricultural K. □The Planning incompatible due to the minimum of five (5) equipment provided Commission may character of the area, acres of contiguous the structure does further require lack of infrastructure, land unbroken by a not exceed 5,000 landscaping, natural features, and road. square feet fences, and walls in their impact on □G. Foster family home pursuit of these transportation services. □H. Foster family group home I. ✔Contractor’s yard. □I . Home occupation. objectives and Stored Lumber [not ✔ The intent of this □J. Nurseries and app’d] same shall be greenhouses provided and district is to preserve □K. Park or open space J. □Cottage Industry maintained as a the visual quality of the conservation area. K. □Daycare center for more entrance area, or □L. Riding stable with a than seven (7) children condition of the minimum area of ten (10) □ establishment and gateway, into the acres of continuous land L. Group day care home Township by allowing unbroken by a road. (subject to the conditions the continued set forth in the MZEA) Empire Township Zoning Ordinance 4-16 M. □Kennel ✔ There shall be a feet of a 125 to the complete N. □A planned unit minimum setback of two foot or a 50 foot design and development including any setback, and 20 construction of the of the uses allowed by this hundred fifty (250) feet Article. from the edge of the feet of a 25 foot parking area. O. □Wineries, cideries, right-of-way from all setback shall be ✔The Planning micro-breweries or landscaped, Commission shall distilleries. (As amended state highways to the by Ordinance #01-2013, building wall. [ Amended – meeting the determine if effective March 29, 2013) 12.25.2015 ] requirements adequate parking ✔ No use other than 1. □ There listed in Section spaces and the those specifically shall be a minimum 4.8, design meet the setback of seventy five Landscaping. use requested and permitted under ection (75) feet from the 10.2 or 10.3, above, shall edge of right-of-way 6. ✔ There will not impair the be permitted, unless the from all County shall be a public health, Roads. [ Amended – planning commission 12.25.2015 ] minimum safety or unreasonably determines, following a 2. □ There setback of forty public hearing for which shall be a minimum (40) feet from impose a burden or notice has been given as setback of fifty (50) the rear impact on an feet from all road provided by law, that the easements. property line. adjoining proposed use is [ Amended – [ Amended – landowner. □The substantially similar to a 12.25.2015 ] 12.25.2015 ] parking area shall use which is listed in 3. ✔ There □C. Residential setbacks. For all single family and be landscaped, Section 10.2 or 10.3 and shall be a accessory apartment meeting the that it meets the intent of minimum structures, the following requirements listed shall apply: the Gateway Mixed Use setback of in Article 4, Zoning District as set seventy five 1. □ There shall be a minimum setback of Landscaping and forth in section 10.1. (75) feet from forty (40) feet from the Buffer Yards [ Amended – 12.25.2015 ] all residential edge of the road right- Shared parking zoning of-way or road easement. between uses is □ SECTION 10.4 - boundary lines. encouraged. SITE DEVELOPMENT 2. □ There shall be a 4. ✔ There minimum setback of □E. All non-residential STANDARDS structures greater than shall be a twenty-five (25) feet All uses within the from all side property 2,000 square feet shall be minimum designed to be oriented Gateway Mixed Use lines. setback of 3. □There shall be a towards each other, not to district shall comply the road right-of-way. In twenty-five (25) minimum setback of with the following forty (40) feet from the no event shall more than feet from all two (2) businesses with a building and site rear property line. side property [ Amended – common property line face development 12.25.2015 ] M-72. lines. ✔F. The maximum standards: [ Amended – ✔ D.A parking area 12.25.2015 ] plan for size for a non- ✔ A. Minimum lot size residential structure 5. ✔Parkin nonresidential uses and width: The shall be 5,000 g areas shall be shall be submitted minimum lot size square feet. a minimum of to the Planning shall be five (5) ✔G. Landscaping one hundred Commission as acres and the shall be in twenty five part of site plan minimum lot width accordance with a (125) feet from review. ✔The plan shall be three site plan approved the edge of the shall show the hundred (300) feet. by the Planning right-of-way location and size of The minimum lot size for a Commission. The single-family residential from all state the parking area, unit shall be one (1) acre. landscaping plan highways, fifty the number of ✔ B. Nonresidential (50) feet from the parking spaces, shall be such as to setbacks. For non- edge of the right-of- surfacing, lighting, meet the intent and way from a County purpose of the residential Road, and twenty five drainage, structures, the (25) feet from all road entrances, exists Gateway Mixed following shall easements or Use District and marginal access and any other apply: maximize the rural drives. Forty (40) features essential and scenic views Empire Township Zoning Ordinance 4-17 which are vital to excess of ten (10) structure, or land use is beyond his or her control, the acres in size, in which Zoning Administrator shall issue the Township’s case the Planning in compliance with the said land use permit, or deny economy and well- Commission may provisions of this the same in writing, within forty- being and to increase such density Ordinance. Unless eight (48) hours of the time of by no more than 50% such application. prevented by circumstances minimize views of where structures are development from clustered and no less than 50% of the lot M-72. ✔The will remain perpetually Planning as a conservation Commission may area. □ Density may be increase the increased by an landscaping additional 25% where requirements of the structures are clustered and set Section 4.9, but back no less than 500 may not reduce feet from M-72 and screened from view said requirements. by landscaping □H. Access to the individual approved by the uses in the Gateway Mixed Planning Commission use District shall, as part of site plan whenever possible, be by review, and the way of a shared alternate remaining area of the access and/or a shared lot will remain marginal access road. perpetually as a □I. Density. conservation area. □1) Residential density. □3) Mixed use. □ No more than one □ In the case of a dwelling per acre, mixed use except for lots in development, the excess of ten (10) above density acres in size, in which requirements shall be case the Planning allocated to the site Commission may on a pro-rata basis increase such density between the areas by no more than 50% occupied by the where dwelling units residential and non- are clustered and no residential less than 50% of the components. lot will remain perpetually as a conservation area. ✔ SECTION 15.3 - □ Density may be LAND USE PERMITS increased by an Any person planning to additional 25% where erect a building or structure of the dwelling units are more than one hundred (100) clustered and set square feet of floor area, or to back no less than 500 alter any existing structure to feet from M-72 and the extent of more than one screened from view hundred (100) square feet of by landscaping approved by the floor area, or to ✔establish Planning Commission a new use for any as part of site plan premises in any land review. use district, shall, ✔2) Non- before commencement residential of any of the foregoing density. in any way, file an ✔No more than application in writing 25% of the lot with the Zoning area may be Administrator for a land occupied by the use permit. The non-residential Zoning Administrator structure or shall issue a land use structures and permit, if in the all related Administrator's opinion, improvements, such planned building, except for lots in Empire Township Zoning Ordinance 4-18

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